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2015-018ORDINANCE NO. 20 i s-� 1 g AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH DENTON COUNTY UNDER SECTION 791.001 OF THE STATE OF TEXAS GOVERNMENT CODE, TO AUTHORIZE DENTON COUNTY TO PROCURE PAVEMENT MARKING SERVICES FROM THE CITY OF DENTON AT A COST OF THIRTEEN THOUSAND EIGHT HUNDRED SEVENTY FIVE AND 0/100 DOLLARS ($13,875.00); AUTHORIZING THE EXPENDITURE OF FLJNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 5740-INTERLOCAL AGREEMENT WITH DENTON COUNTY FOR PAVEMENT MARKING SERVICES). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SEf.,"�I��ONw l. The City Manager, or his designee is hereby authorized to execute the Interlocal Agreement with Denton County under Chapter 791.001 the Texas Government Code, a copy of which is attached hereto and incorporated by reference herein (the "Agreement"). SECTION 2. The City Manager, or his designee, is authorized to expend funds pursuant to the Agreement for the purchase of various goods and services. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5740 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 3 day of ��,��„��s,�� ,,_ , 2015. � � ��w � �� ...... .mmmm .. � e,� �_ ."�� c° `��i�"iS �"� ¢ `��'� �_ � �,"��1��. ATTEST: JENNIFER WALTERS, CITY SECRETARY ��`� °° �i i� BY: � ' � " � � br � ....—. � � ._ �� .... �� APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � �� m ..,� � . � .. ,� . BY: �;;� � �'� � � � „� � � � d.. .� � �.., � � . �� . . .� �� ,�� e THE STATE OF TEXAS § § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY, TEXAS, AND THE CITY OF DENTON, TEXAS THIS AGREEMENT is inade, entered into, and executed by and between Denton County, Texas, a duly organized political subdivision of the State of Texas, engaged in the administration of county government and related services for the citizens of Denton County, Texas, hereinafter "the County;" and the City of Denton, Texas, a corporate and political body duly organized and existing under the laws of the State of Texas, engaged in the adininistration of municipal government and related services for the citizens of the City of Denton, Texas, hereinafter "the City." The County and the City are collectively referred to herein as "the Parties." WHEREAS, the County and the City mutually desire to enter into this Agreement whereby the City agrees to provide pavement markings on a portion of Hickory Creek Road for a distance of 3,420 linear feet from Riverpass Drive to County Sign within the municipal limits of the City and Denton County Commissioner Precinct #1, hereinafter "the Project;" and WHEREAS, the estimated cost of the Project is THIRTEEN THOUSAND EIGHT HLJNDRED SEVENTY-FIVE AND NO/100 DOLLARS ($13,875.00), and the County shall fully reimburse the City for the entire cost of materials used by the City for completion of the Project; and WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791, hereinafter "the Act," provides authorization for a local government to contract with one or more loca� governments to perform governmental functions and services under the terms of the Act, and the County and the City hereby mutually agree to be subject to tHe provisions of the Act; and WHEREAS, the County and the City value the timely completion of the Project which involves a road which is an integral part of the County's road system, and the Parties are undertaking the Project to facilitate safe travel on an improved roadway; and NOW, THEREFORE, this Agreeinent is hereby made and entered into by the County and the City upon and for the inutual consideration stated herein: ICA — Dcnton — I{ickory Creek Road - Pavement Marking Page 1 of 7 WITNESSETH: I. Pursuant to Texas Governinent Code §791.011, the County and the City hereby enter into this Agreement in order to perforin certain governmental functions and services in the area of streets, roads, and drainage. The purpose of this Agreement is to provide a governmental function or service that each party is authorized to perform individually. II. The County and the City hereby agree that the scope of the Project shall be to limited to the City providing pavement markings on a portion of Hickory Creek Road for a distance of 3,420 linear feet froin Riverpass Drive to County Sign, located entirely within the inunicipal limits of the City and Denton County Commissioner Precinct #1, at a total estimated cost of completion of THIRTEEN THOUSAND EIGHT HUNDRED SEVENTY-FIVE AND NO/100 DOLLARS ($13,875.00). III. The County hereby agrees to contribute an amount which shall not exceed THIRTEEN THOUSAND EIGHT HUNDRED SEVENTY-FIVE AND NO/100 DOLLARS ($13,875.00) toward satisfactory completion of the Project, provided that any and all funding is approved by formal action of the Denton .County Commissioners Court. IV. The City agrees to provide all pavement marking installation which may be required for satisfactory completion of the Project. V. The City agrees to secure a contract for the pavement marking installation of the Project and to oversee performance of pavement marking installation which may be required for satisfactory completion of the Project. In addition, the City will provide all project inspections and approval of all payments. VI. This exchange of in-kind services between the County and the City is deemed adequate consideration for the obligations exchanged by the Parties herein. lCA — Denlon — Hickory Creek Road - Pavement Marking I'age 2 of°7 VII. At the conclusion of the Project, the City shall submit an invoice for reimbursement to the Denton County Auditor, Mr. James Wells, 401 W. Hickory Street, Suite 423, Denton, Texas, 76201, and the County shall reimburse the City in full for all approved expenses, within thirty (30) calendar days of receipt of an invoice from the City, provided that all expenditures are made in a manner which is consistent with the terms of this Agreement. Upon satisfactoxy completion of the Project, the County and the City shall prepare and complete a full audit of the Project. VIII. As required by Texas Transportation Code §251.012 and as evidenced by the signature of the City's representative below, the governing body of the City by the execution of and approval of this Agreement, hereby approves of the expenditure of County money to finance the construction, improvement, maintenance or repair of a street or alley in the County that is located in the City. IX. This agreement inay be terminated in whole, or in part, by the County or the City upon thirty (30) days written notice to the other party. In the event of termination by the County, the County shall pay all approved invoices submitted up to and including the date of termination. X. This Agreement represents the entire integrated agreement between the County and the City and supersedes all prior negotiations, representations, or agreements, either oral or written. This Agreement may be ainended only by written instrument signed by both of the Parties. Notices shall be directed as follows: For City: Honorable Chris Watts, Mayor City of Denton, Texas 215 East McKinney Street Denton, Texas 76201 Copy To: George Campbell, City Manager 215 East McKinney Street Denton, Texas 76201 ICA — Denton — Hickory Creek Road - Pavement Marking Page 3 0('7 For County: Honorable Mary Horn Denton County Judge 110 West Hickory Denton, Texas 76201 Copy To; Denton County Criminal District Attorney's Office Civil Division 1450 East McKinney Street, Suite 3100 Denton, Texas 76209 XI. The covenants, terins, and conditions herein are to be construed under the laws of the State of Texas and are performable by the Parties in Denton County, Texas. The Parties mutually agree that venue for any obligation arising under this Agreement shall lie in Denton County, Texas. XII. The County agrees and understands that the County, its employees, servants, agents, or representatives shall at no time represent themselves to be employees, servants, agents, or representatives of the City. XIII. The City agrees and understands that the City, its employees, servants, agents, or representatives shall at no time represent themselves to be employees, servants, agents, or representatives of the County. XIV. The County agrees to accept full responsibility for the acts, negligence, or omissions of all County employees, agents, subcontrac�ors, or contract laborers doing work under a contract or agreeinent with the County. XV. The City agrees to accept full responsibility for the acts, negligence, or omissions of all City employees, agents, subcontractors, or contract laborers doing work under a contract or agreement with the City. XVI. This Agreement is not intended to extend the liability of the Parties beyond that provided for by law. Neither the County nor the City waive, nor shall be deemed to have hereby waived, ICA — Denton — Hickory Creek Road - Pavement Marking B'age 4 oi7 any immunity or defense that would otherwise be available to it against claims made by third parties. XVII. In the event that any portion of this Agreeinent shall be found to be contrary to law, it is the intent of the Parties hereto that the remaining portions shall remain valid and in full force and effect to the fullest extent possible. Venue for any dispute arising under the terins of this Agreement shall be in Denton County, Texas. XVIII. The undersigned offcers or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. /:� ►:� This Agreement becomes effective when signed by the last party whose signing makes the respective Agreement fully executed and the term of this Agreement is for the life of the Project beginning on the date of execution of this Agreement and continuing until the Project is completed. ICA — Denton — Hickory Creek Road - Pavement Marking Page 5 of7 Executed this 3 day of �- .� ��.��;� ��, 2015. �� ._ DENTON COUNTY, TEXAS 110 West Hickory Street, 2nd Floor Denton, "6"�� '!� "�f)�1 �,�, BY� � �.. � �r� � �..mm.. �� 6 G��r��ia��; Mary 1-ic� °�� Denton County ;� �� Acting by and on behalf of the authority of Denton County Commissioners Court ATTEST: BY� ..,__. � Denton �'r��1. CITY OF DENTON, TEXAS 215 East �v1�1�:�� Street Denton, T�,x�� 76201 �°', �. � By: .. �� ., 1 ��z�� 1��-� �,`l��°w� Watts, Mayor City of Denton, Texas Acting by and on behalf of the City of Denton, Texas �,,��,��. lmu�� "��'�� ^�� ATTEST: � � �"� , 4�� "� ,� � � �� "�� , �� , ., �� m�� .� "�� . �� -. �:.�� . ' �� .`��t�� °�t��- .... ,� �� , � � �� .� Pa ,y, �^�� ' � � r�,�� HN�;, , APPROVED AS TO FORM: APPROVED AS TO FORM: �� , ��, ,„�� °�� r � � Y� . � ,, �°� � � B �'�m�' �� n� �,�� ."� ��ant District � L� � �.�_ �� --�� ----�:��.�.�.� �� .� Assist ..� � � � �,� �.. � y: � � . ,� �Ye.� � �;�t��i��t°t�a:�� .., w �,�� COUNTY AUDITOR'S CERTIFICATE I hereby ��r� i"`�r that funds are available to accomplish and pay the obligation of Denton County, Texas, ��a� ��' this Agreement.. C �.�c��ate��'"+�9`�a!�r�� ;a�l� ICA — Denton — Hickory Creek Road - Pavement Marking Page 6 of 7 APPROVAL OF INTERLOCAL COOPERATION AGREEMENT Denton County, Texas, acting by and through the Denton County Commissioners Court, having been advised of the Project, at a total project cost which shall not exceed THIRTEEN THOUSAND EIGHT HUNDRED SEVENTY-FIVE AND NO/100 DOLLARS ($13,875.00), whereby Denton County shall make a contribution which shall not exceed THIRTEEN THOUSAND EIGHT HLJNDRED SEVENTY-FIVE AND NO/100 DOLLARS ($13,875.00) toward satisfactory completion of the Project, hereby gives its specific written approval to the Project prior to beginning of the Project in satisfaction of Texas Government Code §791.014. The description of the Project and its location are as follows: providing for pavement markings on a portion of Hickory Creek Road for a distance of 3,420 linear feet from Riverpass Drive to County Sign, located within the municipal limits of the City of Denton, Texas, and Denton County�Commissioner Precinct #1. The local governments which requested the Project and with whom the Agreement is by and between are Denton County, Texas, and the City of Denton, Texas. By vote on the date below, the Denton County Commissioners Court has approved the Project identified above and authorized execution of this document by the presiding officer of the Denton County Commissioners Court. Date: �� - � By: ___ �, � Presiding Officer oft � c�nt�ax� County Co�r�it�i�wM�r�� C:'�a�r��;. ICA — Denton — Hickory Creek Road - Pavement Marking Page 7 of 7